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(영문) 청주지방법원 2018.02.01 2017고단2455
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

[criminal history] On October 8, 2015, the Defendant was sentenced to one year of imprisonment for special assault, etc. at the Cheongju District Court, and completed the execution of the sentence at the Cheongju Prison on April 21, 2016.

[2] On July 2, 2017, the Defendant posted a notice on July 2, 2017, stating that he/she would purchase gift certificates by accessing the Internet “China-gu 104” to “C”, and that he/she would immediately deposit 90% of the amount if he/she notified the victim D who reported and contacted the above writing to the victim D of cultural gift certificates number.

A false statement was made.

However, the defendant did not have the money at the time, received only Fin number from the beginning, and thought that he sold it to another person, and there was no intention or ability to pay the money even if he received cultural gift certificates from the injured party.

The Defendant received KRW 150,00 won in total, including 20,000 won cultural merchandise coupons 50,000 won culture merchandise coupons 50,00 won per day from the injured party.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition;

1. Report on internal investigation (teleline Investigation) - E

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the confirmation of the history of a suspect and repeated crime);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. In full view of the facts that the crime was committed without being aware of the fact that the crime was committed during the period of repeated crime under Article 35 of the Aggravation of Aggravation of Aggravation of Aggravation of Sentencing, the same criminal record reaches several times, the amount of damage was not large, the recognition of mistake and reflects, and other factors of sentencing under Article 51 of the Criminal Act, the punishment is determined as ordered.

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